DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Mining Pty Ltd
(AG2020/928)

EVOLUTION MINING – CRACOW OPERATIONS ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 11 MAY 2020

Application for approval of the Evolution Mining - Cracow Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Mining - Cracow Operations Enterprise Agreement 2019 (the Agreement). The Applicant was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Lion Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[1] The Agreement is approved and will operate in accordance with s.54 of the Act

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Mining Pty Ltd, an employer in the mining industry, sought approval for the Evolution Mining – Cracow Operations Enterprise Agreement 2019 from the Fair Work Commission. The agreement was intended to regulate the employment conditions of certain employees at the Cracow Operations site. The dispute centred on the application's compliance with relevant legislative provisions and its fairness and reasonableness for the employees involved.

The court was tasked with determining whether the application satisfied the criteria under the Fair Work Act 2009, particularly sections related to the approval process for enterprise agreements. This involved assessing whether the agreement met the requirements for direct registration, including provisions on minimum wages, allowances, and employee entitlements. The court also had to consider whether the agreement was in the best interests of the employees and whether it was free from coercion or undue influence.

The Fair Work Commission found that the application complied with the statutory requirements and was fair and reasonable for the employees. The agreement was deemed to meet the standards set out in the Fair Work Act, including the provision of appropriate minimum wages and conditions. The Commission noted the evidence presented by the employer and the views expressed by the employees, concluding that the agreement was in their best interests. The application was subsequently approved for direct registration.

The final orders of the Commission included the approval of the Evolution Mining – Cracow Operations Enterprise Agreement 2019 for direct registration, effective from the date of the decision. The agreement was to be registered and binding on the employees covered by its terms, as per the provisions of the Fair Work Act.

Lion Mining Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established